http://www.scotusblog.com/case-files/cases/jesinoski-v-countrywide-home-loans-inc/The Supreme Court today agreed to hear a case on rescission.
The case is Jesinoski v. Countrywide Home Loans, Inc.
Issue: Whether a borrower exercises his right to rescind a transaction in satisfaction of the requirements of the Truth in Lending Act, 15 U.S.C. § 1635, by “notifying the creditor” in writing within three years of the consummation of the transaction, as the Third, Fourth, and Eleventh Circuits have held, or must instead file a lawsuit within three years of the consummation of the transaction, as the First, Sixth, Eighth, Ninth, and Tenth Circuits have held.
In this case, the Borrowers sent a notice of rescission to the lender (just before three years was up). The Lender declined to rescind the loan and provided a copy of a signed statement from the Borrower which indicated that had received 2 copies of the Right to Rescind form at closing.
Essentially, this case is about whether the lawsuit for a contested rescission needs to be brought before the three years is up, or if only the notice of rescission needs to be provided to the lender before the three years is up.
Arguments will be this fall sometime.
(apologies if this would be better somewhere else. Mods should feel free to move it.)